Ex-Bergen Prosecutor Hits Back at State PBA Letter on Daniel’s Law Coalition
Following being highlighted by the New Jersey State Policemen’s Benevolent Association in
letter
A former Bergen County prosecutor is retaliating against criticism for supporting a coalition aimed at reverting Daniel’s Law to its initial form.
John Molinelli, who held the position of Bergen County prosecutor for 14 years, acts as the spokesperson for the Public Safety Information Protection Coalition, known as PSIPC. This coalition declared its establishment in a press release issued on April 9.
The letter sent by the PBA charged that the coalition was putting corporate profits above the safety of law enforcement officers.
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Molinelli stated that the coalition consists of “primarily medium to small-sized, civic-oriented businesses” from various sectors. Their objective is to revert Daniel’s Law back to its initial form.
Daniel’s Law
The legislation was enacted in 2020 and honors the memory of Daniel Anderl, who was the son of U.S. District Judge Esther Salas. He tragically lost his life at the hands of an irate ex-attorney in 2020. This act permits authorities like police officers and judges to request that companies omit their residential addresses and phone numbers from online platforms.
Molinelli stated that Atlas Data Privacy Corporation, a firm employed to remove private information from the web, rushed through 2023 revisions to Daniel’s Law which he referred to as “self-serving.”
He mentioned that the revisions enabled a third party to manage a “covered individual’s” rights, as well as allowing “compulsory compensation for businesses failing to eliminate…a covered individual’s data within a 10-day legal timeframe and lacking a procedure for verifying the request.”
The coalition stated that the alterations rendered conditions more hazardous for government employees.
Molinelli mentioned that Atlas collaborated with the PBA so that their extensive membership base could utilize Atlas services. He questioned what led to this partnership and if the PBA stood to benefit from working with Atlas.
“In just a few months, Atlas inundated numerous companies with tens of thousands of email nondisclosure demands simultaneously, declined to assist in verifying these requests, and subsequently filed lawsuits against over 140 firms totaling more than $2.6 billion for alleged non-compliance,” stated Molinelli.
He stated that Atlas was trying to benefit financially from tragedy via the legal system by initiating aggressive litigation, describing this action as “offensive.”
President Peter Andreyov of State PBA mentioned that numerous members from law enforcement contributed to the open letter.
Andreyev stated that companies who choose not to adhere to data privacy regulations solely to keep their profit margins intact create a terrifying situation for everyone in law enforcement and their loved ones, much like the ongoing effects experienced by judges and their families who continue to be targets even within their own homes.
The alliance showed worry over the future of Daniel’s Law because of a question raised regarding its adherence to constitutional standards. In March, judges at the 3rd U.S. Circuit Court of Appeals decided to consider arguments for a potential unconstitutionality case against this legislation.
In November, a judge determined that the obligatory damage provision, which was part of the modifications made to the initial legislation, was not constitutional.
“For far too many individuals committed to upholding the law—such as judges, police officers, prosecutors, and others—the commitment to public service frequently involves enduring threats and instances of intimidation, along with acts of violence and retaliation directed at us and our loved ones,” Molinelli stated. “Given that I have myself been a target, let me assure you these dangers are very much present and profoundly unsettling.”
Molinelli similarly tackled the proposition put forth by the PBA that the alliance has ties to both the Association of National Advertisers and the Consumer Data Industry Association. According to the PBA, these organizations were allegedly attempting to persuade businesses to “weaken” and ultimately “eliminate” Daniel’s Law.
“Let me assure you without reservation that they do not belong to the PSIPC,” Molinelli stated.
The ex-prosecutor stated that blaming him and businesses to divert attention from genuine problems is futile. He recommended that the PBA collaborate with the alliance to address Daniel’s Law.
We have an obligation to ensure that Daniel’s Law protects those who serve and safeguard us,” Molinelli stated. “This necessitates a substantial public discussion, which I am eager for the state PBA and others to participate in.
The article initially appeared on NorthJersey.com.
Previously, the Bergen County prosecutor responded to a letter from the state PBA that criticized the Daniel’s Law coalition.